Ordinance No. 2023-10 | California Public Records Act Update | Adopted 11/20/2023
ORDINANCE NO. 2023-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY AMENDING CHAPTER 17A, PUBLIC MEETINGS
AND PUBLIC RECORDS, AND CHAPTER 24, TELEVISION
ANTENNAS, TO THE GILROY CITY CODE TO UPDATE
THE REFERENCED CALIFORNIA PUBLIC RECORDS ACT
WHEREAS, the California state legislature enacted the CPRA (California Public
Records Act) Recodification Act (AB 473) in 2021, resulting in the renumbering and
reorganization of the Public Records Act in a new Division 614 of the Government Code,
starting at section 7920.0005; and
WHEREAS, the current Gilroy City Code references outdated Government Codes
related to Public Information and Public Records due to the legislative changes; and
WHEREAS, it is necessary to amend Chapters 17A and 24 of the Gilroy City Code
to update the referenced California Public Records Act Code and ensure ongoing
compliance with state laws.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I: Incorporation of Recitals
The foregoing recitals are true and correct and are incorporated herein by this
reference.
SECTION II: Amendment to Chapter 17A
Chapter 17A, Public Meetings and Public Records, of the Gilroy City Code, shall
be amended as provided in Exhibit ‘A’.
SECTION III: Amendment to Chapter 24
Chapter 24, Television Antennas, of the Gilroy City Code, shall be amended as
provided as Exhibit ‘B’.
SECTION IV: Incorporation of Future Changes
For each referenced California Public Records Act Code in Chapters 17A and 24,
the language "or its successor" shall be added after the reference.
SECTION V: Severability
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this Ordinance. The City Council of the City of Gilroy hereby
declares that it would have passed and adopted this ordinance and each section,
subsection, sentence, clause, or phrase hereof, irrespective of the fact that any one or
Ordinance No. 2023-10
California Public Records Act Update
City Council Regular Meeting | November 20, 2023
Page 2 of 2
more sections, subsections, sentences, clauses or phrases may be declared invalid or
unconstitutional.
SECTION VI: Effective Date
This Ordinance shall take effect thirty (30) days after its adoption. The City Clerk
is hereby directed to publish this Ordinance or a summary thereof pursuant to
Government Code Section 36933.
PASSED AND ADOPTED by the City Council of the City of Gilroy at a regular
meeting duly held on the 20th day of November 2023 by the following roll call vote:
AYES: COUNCIL MEMBERS: ARMENDARIZ, BRACCO, CLINE,
HILTON, MARQUES, TOVAR, BLANKLEY
NOES: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
APPROVED:
Marie Blankley, Mayor
ATTEST:
_______________________
Thai Nam Pham, City Clerk
Attachments:
1. Exhibit 'A': Proposed amendment language for Chapter 17A
2. Exhibit 'B': Proposed amendment language for Chapter 24
Marie Blankley (Nov 21, 2023 13:03 PST)
ARTICLE III. PUBLIC INFORMATION AND PUBLIC RECORDS
17A.19 Definitions.
Whenever in this chapter the following words or phrases are used, they shall mean:
“Public information” shall mean the content of public records as defined in the California Public Records Act
(Government Code Section 7920.000, or its successor), whether provided in documentary form or in an oral
communication.
“Public information” shall not include computer software developed by the City of Gilroy as defined in the
California Public Records Act (Government Code Section 7922.585, or its successor). (Ord. No. 2008 -11, 11-17-08)
17A.20 Process for gaining access to public records—Administrative appeals.
(a) Every department head who has custody of any public record or public information as defined herein or who
manages, directly or indirectly, subordinate employees within that department that have custody of any public record
or public information as defined herein, or that department head’s designated representative under section 17A.22(a)
(hereinafter referred to as “a department head”) shall, at normal times and during normal and reasonable hours of
operation, without unreasonable delay, and without requiring an appointment, permit the public record, or any
segregable portion of a record, to be inspected and examined by any person and shall furnish one (1) copy thereof
upon payment of a reasonable copying charge as may be set from time to time by the city council.
(b) A department head shall, as soon as possible and within ten (10) calendar days following receipt of a request for
inspection or copy of a public record, comply with such request unless the voluminous nature of the information
requested, its location in a remote storage facility or the need to consult with legal counsel warrants an extension of
ten (10) calendar days as provided in Government Code Section 7922.535, or its successor. Such request may be
delivered to the office of the department head by the requester orally or in writing by fa x, postal delivery, or email.
If the department head believes the record or information requested is not a public record or is exempt, the
department head shall justify withholding any record by demonstrating, in writing, as soon as possible and within
ten (10) calendar days following receipt of a request, or following the extension of ten (10) calendar days as
provided in Government Code Section 7922.535, or its successor, that the record in question is exempt under
express provisions of this chapter.
(c) A department head shall assist a requester in identifying the existence, form, and nature of any records or
information maintained by, available to, or in the custody of the department head, whether or not the contents of
those records are exempt from disclosure, and shall, when requested to do so, provide in writing within ten (10)
calendar days following receipt of a request a statement as to the existence, quantity, form and nature of records
relating to a particular subject or questions with enough specificity to enable a requester to identify records in order
to make a request under subsection (b) of this section. A department head, when not in possession of the record
requested, shall assist a requester in directing a request to the proper office or st aff person.
(d) If the department head refuses, fails to comply, or incompletely complies with a request described in subsection
(b) of this section, the person making the request may, within forty-five (45) calendar days of the department head’s
response or the expiration of the department head’s period to respond if no response is provided, petition the city
administrator in writing, and in the form required by the open government commission, for a determination whether
the record requested is public. The city administrator shall inform the petitioner, as soon as possible and within
thirty (30) calendar days of the petition, of the city administrator’s determination whether the record requested, or
any part of the record requested, is public. Where request ed by the petition, and where otherwise desirable, this
determination shall be in writing. Upon the determination by the city administrator that the record is public, the city
administrator shall immediately order the department head to comply with the per son’s request. If the department
head refuses or fails to comply with any such order within five (5) days, the city administrator shall notify the city
attorney who shall take whatever measures deemed necessary and appropriate to ensure compliance with the
provisions of this chapter.
(e) If a petition to the city administrator under subsection (d) of this section is denied or not acted upon by the city
administrator, the person making the request may, within forty-five (45) calendar days of the city administrator’s
denial or the expiration of the city administrator’s thirty (30) day period to act upon the petition, petition the open
government commission for a determination whether the record requested is public. The open government
commission shall inform the petitioner, as soon as possible and within two (2) days after its next meeting but in no
case later than forty-five (45) days from when a petition in writing is received, of its determination whether the
record requested, or any part of the record requested, is public. Where requested by the petition, and where
otherwise desirable, this determination shall be in writing. Upon the determination that the record is public, the open
government commission shall advise the city council as to whether the record should be public. The city council and
the city attorney’s office shall provide sufficient resources to allow the open government commission to fulfill its
duties under this provision. Where requested by the petition, the open government commission may co nduct a public
hearing concerning the records request denial. An authorized representative of the department head shall attend any
hearing and explain the basis for its decision to withhold the record requested.
(f) The administrative remedy provided under this chapter shall in no way limit the availability of other
administrative remedies provided to any person with respect to any officer or employee of any agency, executive
office, department or task force; nor shall the administrative remedy provided by this section in any way limit the
availability of judicial remedies otherwise available to any person requesting a public record. If a department head
refuses or fails to comply with the request of any person for inspection or copy of a public record or wi th an
administrative order under this section, the superior court of California shall retain jurisdiction to order compliance.
(g) In any court proceeding pursuant to this chapter there shall be a presumption that the record sought is public, and
the burden shall be upon the department head to prove with specificity the exemption which applies.
(h) At least once a year, and as otherwise requested by the open government commission, the city administrator shall
prepare a tally and report of every petition bro ught before it for access to records since the time of its last tally and
report. The report shall at least identify for each petition the record or records sought, the department head of those
records, the ruling of the city administrator, whether any ruling was overturned by a court and whether orders given
to department heads of public records were followed. The report shall also summarize any court actions related to
any petitions during that period. At the request of the open government commission, the report shall also include
copies of all rulings made by the city administrator and all opinions issued.
(i) The Gilroy city attorney’s office shall act to protect and secure the rights of the people of Gilroy to access public
information and public meetings. The city attorney or its designee will monitor the handling of public records when
any elected public official or the city administrator leaves office and moves materials from the office. All elected
officials and the city administrator shall surrender all public records in their possession to the city attorney or its
designee at the time of leaving office.
(j) Release of documentary public information, whether for inspection of the original or by providing a copy, shall
be governed by the California Public Records Act (Government Code Section 7920.000, or its successor, et seq.) to
the extent not addressed by this chapter and in accordance with the enhanced disclosure requirements provided in
this chapter.
(k) Inspection and copying of documentary public information stored in electronic form shall be made available to
the person requesting the information in any form requested which is available to or easily generated by the
department, its officers or employees, including disk, tape, printout or monitor at a charge no greater than the cost of
the media on which it is duplicated. Inspection of documentary public information on a computer monitor need not
be allowed where the information sought is necessarily and inseparably intertwined with information no t subject to
disclosure under this chapter. Nothing in this section shall require a department to program or reprogram a computer
to respond to a request for information or to release information where the release of that information would violate
a licensing agreement or copyright law.
(l) Repealed by Ord. 2014-03. (Ord. No. 2008-11, 11-17-08; Ord. No. 2014-03, § 1, 4-7-14; Ord. No. 2017-03, §§ 1,
2, 3-6-17)
17A.21 Policy regarding use of computer systems.
It is the policy of the city of Gilroy to utilize computer technology in order to reduce the cost of public records
management, including the costs of collecting, maintaining, and disclosing records subject to disclosure to members
of the public under this section. To the extent that it is technologically and economically feasible, departments that
use computer systems to collect and store public records shall program and design such systems to ensure
convenient, efficient, and economical public access to records and shall make public records easily accessible over
public networks, including but not limited to the Internet. (Ord. No. 2008 -11, 11-17-08)
17A.22 Release of oral public information.
Release of oral public information shall be accomplished as fo llows:
(1) Every department head shall designate a person or persons knowledgeable about the affairs of the department to
provide information, including oral information, to the public about the department’s operations, plans, policies and
positions (referred to herein as “a department head”). The department head may designate himself or herself for this
assignment, but in any event shall arrange that an alternate or alternates be available for this function during the
absence or unavailability of the person assigned primary responsibility. A list of every city department and every
designated and alternate department head for public record inspection purposes, along with those employees’
business addresses, telephone numbers and email addresses, shall be available for inspection and copying at the
office of the city clerk and shall be kept and regularly maintained on the city’s website.
(2) The role of the person or persons so designated shall be to provide information on as timely and responsive a
basis as possible to those members of the public who are not requesting information from a specific person. This
section shall not be interpreted to curtail existing informal contacts between employees and members of the public
when these contacts are occasional, acceptable to the employee and the department, not disruptive of the employee’s
operational duties and confined to accurate information not confidential by law.
(3) If it would take an employee more than fifteen (15) minutes to obtain the information respon sive to an inquiry or
inquiries from a member of the public, the employee shall notify the requester of the procedures for obtaining
records under this chapter.
(4) Public employees shall not be discouraged from or disciplined for the expression of their p ersonal opinions on
any matter of public concern while on duty, so long as the opinion (a) is not represented as that of the department
and does not misrepresent the department position; and (b) does not disrupt coworker relations, impair discipline or
control by superiors, erode a close working relationship premised on personal loyalty and confidentiality, interfere
with the employee’s performance of that employee’s duties or obstruct the routine operation of the office in a
manner that outweighs the employee’s interests in expressing that opinion. In adopting this section, the city council
intends merely to restate and affirm court decisions recognizing the First Amendment rights enjoyed by public
employees. Nothing in this section shall be construed to pr ovide rights to city employees beyond those recognized
by courts, now or in the future, under the First Amendment, or to create any new private cause of action or defense
to disciplinary action.
(5) Notwithstanding any other provisions of this chapter, pub lic employees shall not be discouraged from or
disciplined for disclosing any information that is public information or a public record to any journalist or any
member of the public. (Ord. No. 2008-11, 11-17-08)
17A.23 Public review file—Policy body communications.
The city clerk or the designated secretary of a particular policy body shall maintain a file, accessible to any person
during normal office hours, containing a copy of any letter, memorandum or other communication which the clerk
has distributed to or received from a quorum of the policy body concerning a matter calendared by the body within
the previous thirty (30) days or likely to be calendared within the next thirty (30) days, irrespective of subject matter,
origin or recipient, except commercial solicitations, periodical publications or communications exempt from
disclosure under the California Public Records Act (Government Code Section 7920.000, or its successor et seq.)
and not deemed disclosable under section 17A.24. (Ord. No. 2008 -11, 11-17-08)
17A.24 Public information that must be disclosed.
Notwithstanding a department’s legal discretion to withhold certain information under the California Public Records
Act, the following policies shall govern specific types of documents and informat ion and shall provide enhanced
rights of public access to information and records:
(1) Drafts and Memoranda. No preliminary draft or memorandum shall be exempt from disclosure under
Government Code Section 7927.500, or its successor, if it is kept in the normal course of business. For purpose of
this chapter, “normal course of business” means in the inherent nature of the city’s business in question, and in the
method systematically employed for the conduct of the task in question. Preliminary drafts and me moranda
concerning contracts, memoranda of understanding, or other matters subject to negotiation or pending council
approval shall not be subject to disclosure pursuant to this provision until final action has been taken.
(2) Litigation Material. Notwithstanding any exemptions otherwise provided by law, the following are public
records subject to disclosure under this chapter:
a. A pre-litigation claim against the city (excluding any investigative reports);
b. A record previously received or created by a department in the ordinary course of business that was not
attorney/client privileged or attorney-work product when it was previously received or created.
(3) Contracts, Bids and Proposals.
a. All initial city requests for proposals (“RFPs”) shall be kept in a central repository and shall be made
available for public inspection. In addition, RFPs shall be placed on the city’s website for a period from the
date the RFP was issued to the date that the RFP is due.
b. Contracts, contractors’ bids, responses to r equests for proposals and all other records of communications
between the department and persons or firms seeking contracts shall be open to inspection immediately after a
contract has been awarded. Nothing in this provision requires the disclosure of a pr ivate person’s or
organization’s net worth or other proprietary financial data submitted for qualification for a contract or other
benefit. All bidders and contractors shall be advised that information provided which is covered by this section
will be made available to the public upon request. Immediately after any review or evaluation or rating of
responses to an RFP has been completed, evaluation forms and score sheets and any other documents used by
persons in the RFP evaluation or contractor selection process shall be available for public inspection. The
individual ratings, comments, and score sheets or comments on related documents shall be made immediately
available after the review or evaluation of an RFP has been completed.
(4) Budgets and Other Financial Information. Budgets, whether tentative, proposed or adopted, for the city or any of
its departments, programs, projects or other categories, and all bills, claims, invoices, vouchers or other records of
payment obligations as well as records of actual disbursements showing the amount paid, the payee and the purpose
for which payment is made, other than payments for social or other services whose records are confidential by law,
shall not be exempt from disclosure.
(5) Appraisals, offers and counteroffers relating to the city’s purchase of real property are exempt until an agreement
is executed.
(6) Repealed by Ords. 2019-04 and 2019-05.
(7) Neither the city nor any officer, employee, or agent thereof may assert an exemption for withholding for any
document or information based on a deliberative process exemption, either as provided by California Public Records
Act Section 7922, or its successor, or any other provision of law that does not prohibit disclosure.
(8) Repealed by Ords. 2019-04 and 2019-05. (Ord. No. 2008-11, 11-17-08; Ord. No. 2018-03, § 1, 1-22-18; Ord.
No. 2019-04, 2-11-19; Ord. No. 2019-05, § 1, 2-25-19)
17A.25 Immediacy of response.
Notwithstanding the ten (10) calendar day period for response to a request permitted in Governm ent Code Section
7922.525, or its successor, a request for a public record described in any nonexempt category which is received by a
department head shall be satisfied no later than the close of business on the day following the request unless the
department head advises the requester in writing that the request will be answered by a specific future date. The
statutory deadlines are appropriate for more extensive or demanding requests, but shall not be used to delay
fulfilling a simple, routine or otherwise readily answerable request. If the voluminous nature of the information
requested, its location in a remote storage facility or the need to consult with legal counsel warrants an extension of
ten (10) calendar days as provided in Government Code Section 7922.535, or its successor, the requester shall be
noticed as required within ten (10) business days of the request. Nothing in this section shall prohibit the requester
and department head or his/her designee from agreeing to a longer time than provided f or herein for the provision of
requested records. Any such mutual agreement shall be in writing and signed by the requester. (Ord. No. 2014 -03, §
1, 4-7-14)
17A.26 Withholding kept to a minimum.
Information that is exempt from disclosure shall be masked, deleted or otherwise segregated so that the nonexempt
portion of a requested record may be released and keyed by footnote or other clear reference to the appropriate
justification for withholding required by section 17A.27. (Ord. No. 2008 -11, 11-17-08)
17A.27 Justification of withholding.
Any withholding of information shall be justified, in writing, as follows:
(1) A withholding under a specific permissive exemption in the California Public Records Act, or elsewhere, which
permissive exemption is not forbidden to be asserted by this chapter, shall cite that authority.
(2) A withholding on the basis that disclosure is prohibited by law shall cite the specific statutory authority in the
Public Records Act or elsewhere.
(3) A withholding on the basis that disclosure would incur civil or criminal liability shall cite any specific statutory
or case law, or any other public agency’s litigation experience, supporting that position.
(4) When a record being requested contains information most of which is exempt fro m disclosure under the
California Public Records Act and this section, the department head shall inform the requester of the nature and
extent of the nonexempt information and suggest alternative sources for the information requested, if available.
(Ord. No. 2008-11, 11-17-08)
17A.28 Public records that must be disclosed.
The following policies shall govern specific types of documents and information and shall provide enhanced rights
of public access to information and access:
(1) Notwithstanding Government Code Section 7922.535, or its successor, the following information shall be
considered a public record and shall be made available for review upon request by any person, business or
association: A listing of gross earnings by name and job title, includin g base salaries and other compensation. Other
compensation shall include allowances, overtime, and deferred compensation, leave cash -out payments and the
percentage of base salaries that the city pays as the employer’s CalPERS contribution. (Ord. No. 2008 -11, 11-17-08)
17A.29 Fees for duplication.
(a) No fee shall be charged for making public records available for review.
(b) For documents routinely produced in multiple copies for distribution, e.g., meeting agendas and related
materials, a fee as may be set from time to time by the city council may be charged, plus any postage costs.
(c) For documents assembled and copied to the order of the requester, a fee as may be set from time to time by the
city council may be charged, plus any postage.
(d) Copies of video recorded meetings shall be provided to the public upon request for the actual cost of materials
(i.e., videotape) per meeting. Audiotapes of audiotaped meetings shall be provided upon public request for the actual
cost of the tape by the policy body whose meeting was recorded. The city council shall from time to time approve a
fee schedule determining these costs. (Ord. No. 2008-11, 11-17-08)
17A.30 Index to records.
The city shall maintain a public records index that identifies the types of information and documents maintained by
the city and its departments, agencies, task forces, commissions, and elected officers. The index shall be for the use
of city officials, staff and the general public, and shall be organized to permit a general understanding of the types of
information maintained, by which officials and departments, for which purposes and for what periods of retention,
and under what manner of organization for accessing, e.g., by reference to a name, a date, a proceeding or project, or
some other referencing system. The index need not be in such detail as to identify files or records concerning a
specific person, transaction or other event, but shall clearly in dicate where and how records of that type are kept.
The city clerk shall be responsible for the preparation of this records index. Each department, agency, commission
and public official shall cooperate with the city clerk to identify the types of records it maintains, including those
documents created by the entity and those documents received in the ordinary course of business and the types of
requests that are regularly received. Each department, agency, commission and public official is encouraged to
solicit and encourage public participation to develop a meaningful records index. The index shall clearly and
meaningfully describe, with as much specificity as practicable, the individual types of records that are prepared or
maintained by each department, agency, commission or public official of the city. The index shall be sufficient to
aid the public in making an inquiry or a request to inspect. Any changes in the department, agency, commission or
public official’s practices or procedures affecting the accuracy of the information provided to the city clerk shall be
recorded by the city clerk on a periodic basis so as to maintain the integrity and accuracy of the index. The index
shall be continuously maintained on the city’s website and made available at t he Gilroy Library. (Ord. No. 2014-03,
§ 1, 4-7-14)
17A.31 Records survive transition of officials.
All documents prepared, received, or maintained by the head of any department are the property of the city of
Gilroy. The originals of these documents shall be maintained consistent with the records retention policies of the
city of Gilroy. The city administrator shall monitor the transition of the above public officials to ensure that public
documents are not unlawfully removed or destroyed during the transition. (Ord. No. 2008-11, 11-17-08)
17A.32 Internet access/World Wide Web minimum standards.
The city of Gilroy shall maintain on a World Wide Web site, or on a comparable, readily accessible location on the
Internet, information that it is required to make publicly available. Each department is encouraged to make publicly
available through the city’s website as much information and as many documents as possible concerning its
activities. These include but are not limited to campaign report f orms, statements of economic interest, operating and
capital budgets, meeting agenda, meeting minutes, public notices and, when feasible, staff meeting reports. Within
twelve (12) months after enactment of this provision, each department shall post on the city’s website all meeting
notices required under this chapter, all agendas and the minutes of all previous meetings of its policy bodies from
that point in time forward. Notices and agendas shall be posted no later than the time that the department otherw ise
distributes this information to the public, allowing reasonable time for posting.
Minutes of meetings shall be posted as soon as possible, but in any event within one (1) week after they have been
approved. The city shall make reasonable efforts to ensure that its website is regularly reviewed for timeliness and
updated on at least a weekly basis. The city shall also make available on its website, or on a comparable, readily
accessible location on the Internet, a current copy of the city code.
The city shall also webcast all city council and planning commission meetings and archive the webcasts of such
meetings for at least ten (10) years. (Ord. No. 2008 -11, 11-17-08)
17A.33 Correspondence and records shall be maintained.
(a) The city administrator shall for a reasonable period maintain, preserve, and archive documents and
correspondence, including but not limited to letters, emails, drafts, memoranda, invoices, reports and proposals that
pertain to or are within the subject matter jurisdiction of the official’s duties (as defined by the open government
commission) and shall disclose all such records in accordance with this chapter.
(b) Any email that is created or received in connection with the transaction of public business and which (1) the
department or office retains as evidence of its activities, or (2) relates to the legal or financial rights of the city or of
persons directly affected by the activities of the city is a public record. The standard for determining if email is a
public record that must be retained is identical to the standard that applies to any document. See California
Government Code Section 7920.530, or its successor. If an email must be retained, it should be printed out and the
hard copy retained in the appropriate file unless the department or office can reliably retain and retrieve all email in
electronic format. (Ord. No. 2008-11, 11-17-08)
17A.34 Review of FPPC statement of economic interests.
(a) During the annual filing period as required by California Code Section 87500, t he city clerk as filing officer shall
conduct a prima facie review of all FPPC statement of economic interests filings of all officials required to file under
California Government Code Section 87200, and all designated employees required to file under the city’s conflict
of interest code. The city administrator shall review the filing submitted by the city clerk.
(b) Not later than April 15th of each year, the city clerk shall publish all statement of economic interests filings onto
the city’s official website. The city clerk shall also maintain on the city’s website all prior years’ filings of sitting
city council members, the mayor, the city administrator, and the city attorney and members of the planning
commission so that these required disclosures are readily available to the public for inspection. (Ord. No. 2014-03, §
1, 4-7-14)
ARTICLE IV. OPEN GOVERNMENT COMMISSION
17A.35 The open government commission.
(a) There is hereby established a commission to be known as the “open government commission.” From on or about
January 2013 through December 31, 2013, the open government commission shall consist of two (2) city council
members appointed by the city council and three (3) members of the public appointed by the city council. From
January 2014, the open government commission shall consist of five (5) members of the public appointed by the city
council, and all of the seats on the open government commission designated for city council members shall
terminate. The city attorney shall serve as legal advisor to the commission.
(b) From on or about January 2016, the term of each newly appointed member sitting on the open government
commission shall be four (4) years, unless earlier removed by the city council. Those members appointed to two (2)
year terms in January 2013 shall have terms extended to January 2016, and those members appointed to two (2) year
terms in January 2014 shall have their terms extended to January 2018. No person shall serve more than two (2)
consecutive full terms on the commission. In the event of such removal or in the event a vacancy otherwise occurs
during the term of office of any appointive member, a successor shall be appointed for the unexpired term of the
office vacated in a manner similar to that described herein for the initial members. The commission shall elect a
chair from among its appointive members. The term of office as chair shall be one (1) year. Members of the
commission shall serve without compensation.
(c) The commission shall advise the city council and provide information to other city departments on appropriate
ways in which to implement this chapter. The commission shall develop appropriate goals to ensure practical and
timely implementation of this chapter. The commission shall propose to the city council amendments to this chapter.
The commission shall report to the city council at least once annually on any practical or policy problems
encountered in the administration of this chapter. The commission shall receive and review regular quarterly rep orts
on requests for public information. Such reports shall not identify the requester or any information confidential by
law.
(d) The open government commission shall recommend to the city council an administrative process for the review
and enforcement of this chapter. No such administrative process shall preclude, delay or in any way limit a person’s
remedies under the Brown Act or the California Public Records Act.
(e) In addition to the powers specified above, the commission shall possess such powers as the city council may
confer upon it by ordinance or as the people of Gilroy shall confer upon it by initiative. (Ord. No. 2012 -12 § 1, 10-1-
12; Ord. No. 2014-09, § 1, 8-4-14)
17A.36 Responsibility for administration.
The city administrator shall administer and coordinate the implementation of the provisions of this chapter. The city
clerk shall provide and perform administrative duties for the commission and assist any person in gaining access to
public meetings or public information. The city administrator shall provide the commission’s staff person with
whatever facilities and equipment are necessary to perform said duties as budgeted by the city council. (Ord. No.
2008-11, 11-17-08)
17A.37 Department head declaration and training.
All city department heads and all management employees, all policy body members, and all employees and officials
who are required to file a statement of economic interests required by Government Code Section 87200 and the
city’s conflict of interest code shall sign an affidavit or declaration stating under penalty of perjury that they have
read the open government ordinance and have taken training on the open government ordinance within the first sixty
(60) days of appointment or election. Training shall be taken each two (2) years thereafter. The affidavit or
declarations shall be maintained by the city clerk and shall be available as a public record. Training shall be
provided by the city attorney’s office. (Ord. No. 2014 -03, § 1, 4-7-14)
17A.38 Willful refusal shall be official misconduct.
The willful refusal of any elected official, department head, or other managerial city employee to discharge any
duties imposed by this chapter, the Brown Act or the Public Records Act shall be deemed official misconduct. (Ord .
No. 2008-11, 11-17-08)
17A.39 Enforcement provisions.
(a) Any person may institute proceedings for injunctive relief, declaratory relief, or writ of mandate in any court of
competent jurisdiction to enforce that person’s right to inspect or to receive a copy of any public record or class of
public records under this chapter or to enforce that person’s right to attend any meeting required under this chapter
to be open, or to compel such meeting to be open.
(b) A court shall award costs and reasonable attorneys’ fees to the plaintiff who is the prevailing party in an action
brought to enforce this chapter.
(c) If a court finds that an action filed pursuant to this section is frivolous, the city may assert its rights to be paid it s
reasonable attorneys’ fees and costs.
(d) Any person may institute proceedings for enforcement and penalties under this chapter in any court of competent
jurisdiction if enforcement action is not taken by a city or state official fifty (50) days after a complaint is filed.
(Ord. No. 2008-11, 11-17-08)
17A.40 Chapter supersedes other local laws—Applies to all ordinances with open government application.
The provisions of this chapter supersede other local laws. Whenever a conflict in local law is identified, the
requirement which would result in greater or more expedited public access to public information shall apply. The
provisions of this chapter shall apply to all applicable and relevant provisions of the Gilroy City Code. (Ord. No.
2008-11, 11-17-08)
17A.41 Severability.
The provisions of this chapter are declared to be separate and severable. The invalidity of any clause, sentence,
paragraph, subdivision, section or portion of this chapter, or the invalidity of the application thereof to any person or
circumstances, shall not affect the validity of the remainder of this chapter, or the validity of its application to other
persons or circumstances. (Ord. No. 2008-11, 11-17-08)
Gilroy City Code
24.27 Operation and reporting provisions.
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The Gilroy City Code is current through Ordinance 2023-03, passed February 27, 2023.
24.27 Operation and reporting provisions.
(a) Open Books and Records.
(1) Inspection. The city shall have the right upon thirty (30) days advance written notice to inspect and copy at
any time during normal business hours all books and records reasonably necessary to monitor compliance with
the terms of this ordinance, a franchise agreement, or applicable law; or reasonably necessary for the exercise
of any right or duty of the city under the same. This right includes the right to inspect not only the books and
records of a franchisee, but any such books and records held by a n affiliate regardless of who holds them, a
cable operator of the cable system, or any contractor, subcontractor or any person holding any form of
management contract for the cable system. Each franchisee shall be responsible for collecting the information
and producing it. For purposes of this article, the terms “books and records” shall be read expansively to
include information in whatever format stored. Books and records requested shall be produced to the city at
City Hall, except by agreement or pursuant to subsection 24.27(e) and subject to subsection 24.27(a)(2). Books
and records shall be maintained in accordance with generally accepted accounting principles.
(2) Proprietary Information. Access to a franchisee’s books and records shall not be denied by the franchisee on
the basis that said books and records contain proprietary information. However, all proprietary information
received by the city from a franchisee and clearly marked as such shall not be publicly disclosed insofar as
permitted by the California Public Records Act, Government Code 7927, et seq., or its successor, and other
applicable law. The city will notify franchisee if any third party seeks release of any document marked
confidential and the city will withhold release for the maximum period permitted by law to provide the
franchisee the opportunity to seek court protection against the release of the requested documents.
(3) Public Inspection. The franchisee shall maintain a file of records open to public inspection in accordance
with applicable FCC rules and regulations.
(b) Production of Documents upon Request.
(1) Agency Reports. Upon request, and except as provided under subsection 24.27(c), a franchisee shall file
with the city all reports required by the FCC including, without lim itation, any proof of performance tests and
results, Equal Employment Opportunity (“EEO”) reports, and all petitions, applications, and communications
of all types directly related to the cable system, or a group of cable systems of which the franchisee’s cable
system is a part, submitted or received by the franchisee, an affiliate, or any other person on the behalf of the
franchisee, either to or from the FCC, the Security and Exchange Commission, or any other federal or state
regulatory commission or agency having jurisdiction over any matter affecting operation of the franchisee’s
cable system. Provided that, nothing herein requires the franchisee to produce regulatory or court filings that
are treated by the agency or court as confidential, such as Hart-Scott-Rodino Act filings. Nothing in this
subsection 24.27(b)(1) affects any rights the city may have to obtain books and records under subsection
24.27(a).
(2) Automatic Delivery of Certain Documents. Franchisee shall also deliver to the city the followin g:
a. Notices of deficiency or forfeiture related to the operation of the cable system; and
b. Copies of any request for protection under bankruptcy laws, or any judgment related to a declaration of
bankruptcy by the franchisee or by any partnership or corporation that owns or controls the franchisee
directly or indirectly. This material shall be submitted to the city at the time it is filed or within ten (10)
days of the date it is received.
(c) Reports.
(1) Quarterly Reports. Within forty-five (45) days of the end of each calendar quarter, a franchisee shall submit
a report to the city containing the following information:
Gilroy City Code
24.27 Operation and reporting provisions.
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The Gilroy City Code is current through Ordinance 2023-03, passed February 27, 2023.
a. The number of service calls (calls requiring a truck roll) received by type during the prior quarter, and
the percentage of service calls compared to the subscriber base by type of complaint; and
b. The number and type of outages known by the franchisee for the prior quarter, identifying separately th e
following: each planned outage, the time it occurred, its duration, and the estimated area and number of
subscribers affected; each known unplanned outage, the time it occurred, its estimated duration and the
estimated area and the number of subscribers affected, and if known, the cause; the total estimated hours
of known outages as a percentage of total hours of cable system operation. An outage is a loss of sound or
video on any signal, or a significant deterioration of any signal affecting two (2) or m ore subscribers; and
other information a franchisee is required to submit to the city on a quarterly basis pursuant to this article.
(2) Annual Reports. No later than ninety (90) days after the end of its fiscal year, a franchisee shall submit a
written report to the city administrator in a form directed by the city administrator, which shall include:
a. A summary of the previous year’s activities in the development of the cable system, including but not
limited to descriptions of services begun or discontinued, the number of subscribers gained or lost for each
category of service;
b. A summary of complaints for which records are required under subsection 24.27(d)(1), identifying both
the number and nature of the complaints received and an explanation of the ir dispositions;
c. A balance sheet as of the last day of the fiscal year and the related statement of revenues, expenses and
charges in retained earnings, and statement of cash flows for the year then ended, all of which shall be
fully audited or shall be certified;
d. An ownership report, indicating all persons who at the time of the filing control or own an interest in the
franchisee of ten (10) percent or more
e. A list of officers and members of the board of directors of the franchisee and any affiliates directly
involved in the operation or the maintenance of the cable system;
f. An organizational chart showing all corporations or partnerships with more than a ten (10) percent
interest ownership in the franchisee, and the nature of that ownership inter est (limited partner, general
partner, preferred shareholder, etc.); and showing the same information for each corporation or partnership
that holds such an interest in the corporations or partnerships so identified and so on until the ultimate
corporate and partnership interests are identified;
g. An annual report of each entity identified in subsection 24.27(c)(2)d. which issues an annual report;
h. A report on the cable system’s technical tests and measurements;
i. A complete report on its plant, which shall state the physical miles of plant construction and plant in
operation during the fiscal year, including any revisions to the cable system “as built” maps filed with the
city, and which shall report the results of appropriate electronic measurements co nducted in conformance
with applicable law;
j. A proposed schedule of plant construction for the upcoming fiscal year; and
k. Such other information as the city administrator or the city council may direct. If, as of January first of
any year, the information required by subsections 24.27(c)(2)d.—f. is the same as was reported to the city
in the prior year, the franchisee need only so state.
(3) Presentation of Report. The annual report shall be presented at a regular public meeting of the city council
to be held no earlier than ten (10) days following submission of the report.
(4) Special Reports. Upon the city’s request, each franchisee shall submit construction reports and make
available for review updated as-built system design maps for its cable system for any construction undertaken
during the term of the franchise. The maps shall be developed on the basis of post -construction inspection by
Gilroy City Code
24.27 Operation and reporting provisions.
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The Gilroy City Code is current through Ordinance 2023-03, passed February 27, 2023.
the franchisee and construction personnel to assess compliance with system design. Any material departures
from design must be indicated.
(5) General Reports. Each franchisee shall prepare and furnish to the city, at the times and in the form
prescribed by the city, such reports with respect to its operation, affairs, transactions or property, as may be
reasonably necessary or appropriate to the performance of any of the rights, functions or duties of the city in
connection with this article or a franchise agreement.
(d) Records Required. A franchisee shall at all times maintain:
(1) Complaints. Records of all complaints received with information sufficient to allow the franchisee to
prepare the reports required in this section 24.27. The term “complaints” as used herein and throughout this
article refers to complaints about any aspect of the cable system or fran chisee’s operations, including, without
limitation, complaints requiring service calls, and complaints about employee courtesy, billing, prices,
programming, outages and signal quality;
(2) Plans. A full and complete set of plans, records, and “as built” maps showing the exact location of all
system equipment installed or in use in the city, including subscriber service drops;
(3) Outages. Records of outages, indicating date, duration, area, and the estimated number of subscribers
affected, type of outage, and cause;
(4) Service Calls. Records of service calls for repair and maintenance indicating the date and time service was
required, the date of acknowledgment and date and time service was scheduled (if it was scheduled), and the
date and time service was provided, and (if different) the date and time the problem was solved;
(5) Installations. Records of installation/reconnection and requests for service extension, indicating date of
request, date of acknowledgment, and the date and time service was e xtended; and
(6) Public File. A public file showing its plan and timetable for construction of the cable system.
(e) Voluminous Materials. If any books, records, plans, or other documents requested under this article are too
voluminous, or for security reasons cannot be copied and moved, then a franchisee may request that the inspection
take place at some other location, provided that (i) the franchisee must make necessary arrangements for copying
documents selected by the city after review; and (ii) the franchisee must pay all travel and copying expenses
incurred by the city in inspecting those documents or having those documents inspected by its designee.
(f) Retention of Records; Relation to Privacy Rights. Franchisee shall ensure that it is able to provi de the city all
information which must be provided or may be requested under this article or a franchise agreement, including
providing appropriate subscriber privacy notices. Nothing in this section shall be read to require a franchisee to
violate 47 U.S.C. 551. Franchisee shall be responsible for preserving the confidentiality of any data that federal law
prevents it from providing to the city. Records shall be kept for at least five (5) years. (Ord. No. 97 -1, 1-6-97)
CERTIFICATE OF THE CLERK
I, THAI NAM PHAM, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2023-10 is an original ordinance, or true and correct copy of a
city Ordinance, duly adopted by the Council of the City of Gilroy at a Regular Meeting of
said held on Council held Monday, November 20, 2023, at which meeting a quorum was
present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official
Seal of the City of Gilroy this Tuesday, November 21, 2023.
____________________________________
Thai Nam Pham, MMC, CPMC
City Clerk of the City of Gilroy
(Seal)